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HomeMy WebLinkAboutResolution - 3561 - Agreement - LMAF Inc - Development & Maintenance, KN Clapp Park - 03_14_1991Resolution No. 3561 March 14, 1991 Item #10 HW:da RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and the Board of Trustees of the Lubbock Memo- rial Arboretum Foundation, Inc. for the development and maintenance of an Arboretum and Botanical Garden in K. N. Clapp Park, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolu- tion as if fully copied herein in detail. Passed by the City Council this 14th day of March , 1991. B. C. McMI N, MAYOR ATTEST: an to Boyd, City Secre ar APPROVE S TO CONTENT: "& 63� L sborn, Director of Parks APPROVED AS TO FORM: H'arold Wil ard, Assistant City ity Attorney Resolution No. 3561 March 14, 1991 Item #10 HW:da STATE OF TEXAS § COUNTY OF LUBBOCK § AGREEMENT WHEREAS, the City of Lubbock, Texas, ("City"), a home rule municipality located in Lubbock County, Texas, and the Board of Trustees of the Lubbock Memorial Arboretum Foundation, Inc. ("Board"), a non-profit Texas corporation, previously entered into an agreement concerning the establishment, maintenance and improvement of an Arboretum and Botanical Garden in K. N. Clapp Park in the City ("Park"); and WHEREAS, at the expiration of the above agreement both the City and Board deemed it to be in their best interests to enter into a similar agreement; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: This Agreement between the City of Lubbock, Texas, and the Board of Trustees of the Lubbock Memorial Arboretum Foundation, Inc., is entered into this 14th day of March , 1991. The parties hereto, in consideration of the mutual covenants and agreements to be performed, as hereinafter set forth, agree as follows: ARTICLE I A. That the Board be authorized to use park land in the City -owned park known as K. N. Clapp Park located between Univer- sity Avenue and Avenue U and 40th and 46th Streets, exclusive of areas used or to be used for other park purposes, for the contin- ued development and maintenance of an Arboretum and Botanical Garden to the extent described in Article II of this Agreement, provided that all plans and specifications for such Garden are submitted to the Lubbock Parks and Recreation Board for approval before their execution. B. That the Board shall be advised of any proposed improve- ments and/or alterations to K. N. Clapp Park by the City. ARTICLE II A. That the Board furnish to the City and update periodi- cally a complete landscape plan for the entire Park which depicts all plantings, special gardens, paths and/or drives, that a com- plete list of all plants with both common and botanical names accompany the plan, and that it shall complement at all times all buildings and other improvements located within the Park. B. That the Board be authorized to enter into contracts for the construction and maintenance of walls, walks and other spe- cial structures as are necessary to and included in the plans and specifications to be approved by the Parks and Recreation Board, though such contracts shall in no way be binding upon the City. C. That the Board shall be responsible for purchasing all plants and providing supervisory care of the same after planting, including the supervision of the pruning of the Rose Garden, and that the Board provide all walks, walls, trellises, fountains and other special construction as called for by the approved plans and specifications. D. That the Board make all reasonable efforts to provide and maintain labels or other means of identification for the aforementioned plants in the Arboretum in such a manner that the labels enable the public to identify the plants. E. That the Board shall have the authority to provide main- tenance including additional watering and replacement of the plants contained in the Arboretum, in addition to that mainte- nance set forth in Article III of this Agreement which is the responsibility of the Parks and Recreation Department of the City. ARTICLE III A. That the Parks and Recreation Department of the City will furnish water to the Park. B. That the Parks and Recreation Department of the City will furnish substantially the same type of maintenance to the Park that it furnishes to other City parks, to -wit: planting, watering and mowing grassy areas; watering trees; and mechanical cultivation and maintenance of flower beds and garden areas. C. That the Parks and Recreation Department of the City will be responsible for planting all plants and trees purchased by the Board as set forth in Article II, Section C, above. - 2 - Park. D. That the City will furnish lights for the Park. E. That the City will furnish police protection for the ARTICLE IV This Agreement may be altered or amended at any time by a written instrument setting forth such alterations or amendments and signed by both parties hereto. Such alterations or amend- ments shall become a part of this Agreement for all purposes. Except by mutual consent or as provided below, this Agree- ment shall continue in effect for fifteen (15) years. Should the Lubbock Memorial Arboretum Foundation dissolve before the expira- tion of fifteen (15) years, this Agreement shall also terminate. Upon termination of this Agreement, the assets of the Lubbock Memorial Arboretum Foundation which have been planted on or affixed to the Park in accordance with this Agreement shall become the property of the City. WITNESS OUR HANDS this 14th day of March , 1991. CITY OF LUBBOCK, TEXAS BY: B. C. MCMINN, MAYOR APPROVED AS TO FORM: iY arold Willard, Assi tant City Attorney BOARD OF TRUSTEES OF THE LUBBOCK MEMORIAL ARBORETUM FOUNDATION, INC. BY: Trustee ATTEST: Secretary 1�3sQ CITY OF LUBBOCK MEMO TO: Larry J. Cunningham, City Manager FROM: Rita Harmon, Assistant City Manager SUBJECT: Agenda Comments for February 28, 1991 Council Meeting DATE: February 14, 1991 ITEM Consider resolution authorizing the Mayor to sign an agreement between the City of Lubbock and the Lubbock Memorial Arboretum Foundation, Inc. On January 22,1981, the Lubbock City Council signed a ten year agreement (Resolution 1692) with the Lubbock Memorial Arboretum Foundation,Inc. and the Parks and Recreation Department regarding the operation of Arboretum activities in K.N. Clapp Park. This agreement (1692) expired on January 21, 1991 and has been requested by the Lubbock Memorial Arboretum Foundation Inc. to be renewed. On January 20, 1962, the Arboretum Committee planted the first pecan tree in an Arbor Day celebration. The Arboretum Committee was under the sponsorship of the Lubbock City Council until it was deemed necessary to organize the Lubbock Memorial Arboretum Foundation, Inc. on June 4, 1964. This proposed agreement has one exception to the previous agreement in that it is for a fifteen year period instead of a ten year period beginning March 14, 1991 and ending March 13, 2006. It will authorize the Lubbock Memorial Arboretum Foundation, Inc. to use the park land in K.N. Clapp Park for the continued development and maintenance of an Arboretum and Botanical Garden provided that all plans and specifications are submitted to the Park and Recreation Board for approval. The Board of Trustees shall be authorized to enter into contracts for construction and maintenance of walls, walks, and other special structures. The Board of Trustees shall be responsible for purchasing all plants and providing supervisory care of the same after planting. The Board of Trustees shall make reasonable effort to provide and maintain labels or other means of identification for the plants in the Arboretum in such a manner that the labels enable the public to identify the plants. The Parks and Recreation Board will be responsible for planting all plants and trees purchased by the Board of Trustees. The parks and Recreation Board reviewed this agreement at their regular scheduled meeting of February 26, 1991 and recommend it be approved and forwarded to the City Council for final approval. Resolution No. 3561 March 14, 1991 Item #10 HW:da RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and the Board of Trustees of the Lubbock Memo- rial Arboretum Foundation, Inc. for the development and maintenance of an Arboretum and Botanical Garden in K. N. Clapp Park, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolu- tion as if fully copied herein in detail. Passed by the City Council this 14th day of March , 1991. . C. McMIN , MAYOR ATTEST: 0 APPROVED AS TO CONTENT: Lee Osborn, Director of Parks APPROVED AS TO FORM: Harold Willard, Assistant City Attorney Resolution No. 3561 March 14, 1991 Item #10 HW:da STATE OF TEXAS § COUNTY OF LUBBOCK § AGREEMENT WHEREAS, the City of Lubbock, Texas, ("City"), a home rule municipality located in Lubbock County, Texas, and the Board of Trustees of the Lubbock Memorial Arboretum Foundation, Inc. ("Board"), a non-profit Texas corporation, previously entered into an agreement concerning the establishment, maintenance and improvement of an Arboretum and Botanical Garden in K. N. Clapp Park in the City ("Park"); and WHEREAS, at the expiration of the above agreement both the City and Board deemed it to be in their best interests to enter into a similar agreement; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: This Agreement between the City of Lubbock, Texas, and the Board of Trustees of the Lubbock Memorial Arboretum Foundation, Inc., is entered into this 14th day of March , 1991. The parties hereto, in consideration of the mutual covenants and agreements to be performed, as hereinafter set forth, agree as follows: ARTICLE I A. That the Board be authorized to use park land in the City -owned park known as K. N. Clapp Park located between Univer- sity Avenue and Avenue U and 40th and 46th Streets, exclusive of areas used or to be used for other park purposes, for the contin- ued development and maintenance of an Arboretum and Botanical Garden to the extent described in Article II of this Agreement, provided that all plans and specifications for such Garden are submitted to the Lubbock Parks and Recreation Board for approval before their execution. B. That the Board shall be advised of any proposed improve- ments and/or alterations to K. N. Clapp Park by the City. ARTICLE II A. That the Board furnish to the City and update periodi- cally a complete landscape plan for the entire Park which depicts all plantings, special gardens, paths and/or drives, that a com- plete list of all plants with both common and botanical names accompany the plan, and that it shall complement at all times all buildings and other improvements located within the Park. B. That the Board be authorized to enter into contracts for the construction and maintenance of walls, walks and other spe- cial structures as are necessary to and included in the plans and specifications to be approved by the Parks and Recreation Board, though such contracts shall in no way be binding upon the City. C. That the Board shall be responsible for purchasing all plants and providing supervisory care of the same after planting, including the supervision of the pruning of the Rose Garden, and that the Board provide all walks, walls, trellises, fountains and other special construction as called for by the approved plans and specifications. D. That the Board make all reasonable efforts to provide and maintain labels or other means of identification for the aforementioned plants in the Arboretum in such a manner that the labels enable the public to identify the plants. E. That the Board shall have the authority to provide main- tenance including additional watering and replacement of the plants contained in the Arboretum, in addition to that mainte- nance set forth in Article III of this Agreement which is the responsibility of the Parks and Recreation Department of the City. ARTICLE III A. That the Parks and Recreation Department of the City will furnish water to the Park. B. That the Parks and Recreation Department of the City will furnish substantially the same type of maintenance to the Park that it furnishes to other City parks, to -wit: planting, watering and mowing grassy areas; watering trees; and mechanical cultivation and maintenance of flower beds and garden areas. C. That the Parks and Recreation Department of the City will be responsible for planting all plants and trees purchased by the Board as set forth in Article II, Section C, above. - 2 - D. That the City will furnish lights for the Park. E. That the City will furnish police protection for the Park. ARTICLE IV This Agreement may be altered or amended at any time by a written instrument setting forth such alterations or amendments and signed by both parties hereto. Such alterations or amend- ments shall become a part of this Agreement for all purposes. Except by mutual consent or as provided below, this Agree- ment shall continue in effect for fifteen (15) years. Should the Lubbock Memorial Arboretum Foundation dissolve before the expira- tion of fifteen (15) years, this Agreement shall also terminate. Upon termination of this Agreement, the assets of the Lubbock Memorial Arboretum Foundation which have been planted on or affixed to the Park in accordance with this Agreement shall become the property of the City. WITNESS OUR HANDS this 14th day of March T: .Ran tte Boyd, C ty Sec etary AP= AS CO TENT: Lee Osborn, Director of Parks APPROVED AS TO FORM: Harold Willa Assistant City Attorney ATTEST: Secretary CITY OF LUBBOCK, TEXAS I BY: /B. C. McMINN, 14AYOR BOARD OF TRUSTEES OF THE LUBBOCK MEMORIAL ARBORETUM FOUNDATION, INC. BY: Trustee - 3 -